IN THE ISLAND provinces of Samar and Leyte, power distribution has gone from bad to worse as the National Electrification Administration (NEA) relegated the task of supervising three electric cooperatives to just one person.
In a case filed before the Office of the Ombudsman, the National Association of Electricity Consumers for Reforms (Nasecore) accused NEA administrator Antonio Almeda for illegal interference in the operations of several electric cooperatives.
Aside from Antonio, likewise named respondents in cases filed by Nasecore President Pete Ilagan are Energy Secretary Sharon Garin, NEA Board of Directors Energy Undersecretary Mario Marasigan, Jovel Ubay-Ubay, Nollie Alamillo and Edgardo Piamonte.
LOOKING BACK
According to Ilagan, the respondents in December 2024 designated Engr. Fernan Paul Tan as full-time general manager of Leyte Il Electric Cooperative and Northern Samar Electric Cooperative.
Interestingly, the same person was appointed as general manager (in an acting capacity) of the Samar II Electric Cooperative (Samelco II) — “without legal basis, without proper documentation and without the required NEA Board confirmations.
Tan was also designated chairman of Task Force NORSAMELCO exercising the functions of a Board of Directors, which according to Ilagan was without any justification.
NO LEGAL BASIS
Ilagan categorically described the act of appointing a pointman in three electric cooperatives as illegal even as he claimed that such a maneuver overrides the authority of the EC (electric cooperative) president and board of directors.
The case claimed that no documents were provided showing the expiration or the lifting of GM Joey Talon’s suspension for three months, hence the designation of Tan at SAMELCO II “is uncertain, unsupported and defective.”
The appointment of Tan to multiple positions in three ECs, he added, is a clear violation of Presidential Decree 269, PD 1645, Republic Act 10531, RA 6713 and RA 3019 and the Administrative Code of 1987.
NOT A SUPERMAN
“Their actions demonstrate malfeasance, misfeasance, and nonfeasance, warranting administrative and criminal sanctions,” the case said.
For Tan to handle those responsibilities,” it would take superhuman abilities as his GM positions require fulltime work while his chairmanship of EC boards require remedial interventions in emergency situations.”
Tan can’t be in two places at the same time, more so with three responsibilities, the complainants said.
GOVERNING LAWS
Under PD 10531, NEA merely has supervisory, not plenary, control over EC personnel, neither the power to assign or deploy EC employees, nor the authority to appoint acting GMs for private coops or the authority to require ECs to finance NEDA-designated personnel.
Under Section 5 of RA10531, NEA can only “supervise the management and operations of all ECs. For this matter supervision means oversight and not control(which is a broader authority).
Ilaga is seeking that Administrator Almeda and the NEA board members be held liable for gross and simple neglect of duty; grave abuse of authority; grave misconduct; conduct prejudicial to the best interest of the service; violation of RA 6713 and violation of RA 3019.
CRIMINAL LIABILITIES
Ilagan also prayed that criminal charges be filed against all respondents and that they would also be placed under preventive suspension under RA 6770.
He also asked the Ombudsman to require the production of all missing NEA office orders and resolutions, which NEA excluded from their numerous communications to the ECs.
Ilagan also sought the imposition of appropriate administrative penalties including dismissal from service, forfeiture of benefits and perpetual disqualification from public office.